This
report summarizes the Clean Air Act and its major regulatory requirements. It
excerpts, with minor modifications, the Clean Air Act chapter of CRS
Report RL30798, Environmental Laws: Summaries of Major Statutes
Administered by the Environmental Protection Agency, which summarizes
a dozen environmental statutes that form the basis for the programs of the Environmental
Protection Agency. This report will be updated at the end of each Congress, or sooner
if Congress enacts a law that substantively changes the statute.

The principal statute addressing air quality concerns, the Clean Air Act was
first enacted in 1955, with major revisions in 1970, 1977, and 1990. The
Act requires EPA to set health-based standards for ambient air quality,
sets deadlines for the achievement of those standards by state and local governments,
and requires EPA to set national emission standards for large or ubiquitous
sources of air pollution, including motor vehicles, power plants, and
other industrial sources. In addition, the Act mandates emission controls
for sources of 187 hazardous air pollutants, establishes a capand- trade
program to limit acid rain, requires the prevention of significant
deterioration of air quality in areas with clean air, requires a program
to restore visibility impaired by regional haze in national parks and
wilderness areas, and implements the Montreal Protocol to phase out most ozone-depleting
chemicals.

This report describes the Act’s major provisions and provides tables listing
all major amendments, with the year of enactment and Public Law number,
and cross-referencing sections of the Act with the major U.S. Code
sections of the codified statute.

Date of Report: January 11, 2013
Number of Pages: 27Order Number: RL30853Price: $29.95

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Much progress has been made in achieving the ambitious goals that Congress
established 40 years ago in the Clean Water Act (CWA) to restore and
maintain the chemical, physical, and biological integrity of the nation’s
waters. However, long-standing problems persist, and new problems have
emerged. Water quality problems are diverse, ranging from pollution runoff from farms
and ranches, city streets, and other diffuse or “nonpoint” sources, to toxic
substances discharged from factories and sewage treatment plants.

There is little agreement among stakeholders about what solutions are needed
and whether new legislation is required to address the nation’s remaining
water pollution problems. For some time, efforts to comprehensively amend
the CWA have stalled as interests have debated whether and exactly how to
change the law. Congress has instead focused legislative attention on enacting narrow
bills to extend or modify selected CWA programs, but not any comprehensive
proposals.

For several years, the most prominent legislative water quality issue has
concerned financial aid for municipal wastewater treatment projects. House
and Senate committees have approved bills to reauthorize CWA assistance on
several occasions since the 107th Congress,
but, for various reasons, no legislation other than appropriations has
been enacted. At issue has been the role of the federal government in
assisting states and cities in meeting needs to rebuild, repair, and upgrade
wastewater treatment plants, especially in light of capital costs that are
projected to be nearly $300 billion.

Programs that regulate activities in wetlands also have been of interest,
especially CWA Section 404, which has been criticized by landowners for
intruding on private land-use decisions and imposing excessive economic
burdens. Environmentalists view this regulatory program as essential for
maintaining the health of wetland ecosystems, and they are concerned about
court rulings that have narrowed regulatory protection of wetlands and
about related administrative actions. Many stakeholders desire
clarification of the act’s regulatory jurisdiction, but they differ on
what solutions are appropriate.

A number of other CWA issues have been the subject of congressional oversight
and legislation, with some legislators highly critical of recent
regulatory initiatives and others more supportive of EPA’s actions. Some
issues have drawn policymakers’ attention following court rulings that addressed
and in several cases expanded the regulatory scope of water quality protection
efforts under the law. Among the topics of interest are environmental and
economic impacts of Chesapeake Bay restoration efforts, federal
promulgation of water quality standards in Florida, regulation of surface
coal mining activities in Appalachia, and other CWA regulatory actions. Congressional
interest in several of these issues has been reflected in specific legislative proposals
and debate over policy provisions of legislation to provide appropriations for
EPA. In the 112th Congress, Members from both parties
raised questions about the cost-effectiveness of some of EPA’s actions
and/or whether the agency has exceeded its authority. Similar attention to these
issues is anticipated in the 113th Congress.

Date of Report: February 8, 2013
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Wednesday, February 27, 2013

As
a result of enforcement actions and settlements for noncompliance with federal pollution control
requirements, the U.S. Environmental Protection Agency (EPA) reported that, for FY2012,
regulated entities committed to invest an estimated $9.0 billion for judicially
mandated pollution controls and cleanup, and for implementing mutually
agreed upon (supplemental) environmentally beneficial projects. EPA
estimates that these efforts achieved commitments to reduce, treat, or
eliminate 2.2 billion pounds of pollutants in the environment, primarily from
air and water. EPA also assessed more than $208.0 million in civil
penalties (administrative and judicial) and $44.0 million in criminal
fines and restitution during FY2012. Noncompliance with federal pollution
control laws remains a continuing concern. The overall effectiveness of the enforcement
organizational framework, the balance between state autonomy and federal oversight,
and the adequacy of funding are long-standing congressional concerns.

This report provides an overview of the statutory framework, key players,
infrastructure, resources, tools, and operations associated with
enforcement and compliance of the major pollution control laws and
regulations administered by EPA. It also outlines the roles of federal (including
regional offices) and state regulators, as well as the regulated community. Understanding
the many facets of how all federal pollution control laws are enforced, and the responsible
parties involved, can be challenging. Enforcement of the considerable body of
these laws involves a complex framework and organizational setting.

The array of enforcement/compliance tools employed to achieve and maintain
compliance includes monitoring, investigation, administrative and judicial
(civil and criminal) actions and penalties, and compliance assistance and
incentive approaches. Most compliance violations are resolved
administratively by the states and EPA. EPA concluded 1,780 final
administrative penalty orders in FY2012. Civil judicial actions, which may
be filed by states or EPA, are the next most frequent enforcement action.
EPA may refer civil cases to the U.S. Department of Justice (DOJ),
referring 215 civil cases in FY2012. The U.S. Attorney General’s Office and DOJ’s
Environmental Crimes Section, or the state attorneys general, in coordination
with EPA criminal investigators and general counsel, may prosecute
criminal violations against individuals or entities who knowingly
disregard environmental laws or are criminally negligent.

Federal appropriations for environmental enforcement and compliance activities
have remained relatively constant in recent fiscal years. Some contend
that overall funding for enforcement activities has not kept pace with
inflation or with the increasingly complex federal pollution control
requirements. Congress appropriated $583.4 million for enforcement activities
for FY2012, a decrease below the $593.5 million enacted for FY2011 and the
$596.7 million enacted for FY2010, but an increase above the $568.9
million enacted for FY2009 and $553.5 million for FY2008. The President’s
FY2013 budget request included $615.9 million for EPA enforcement activities.
EPA and other federal departments and agencies are currently operating under a continuing
resolution for FY2013 (P.L. 112-175) that expires March 27, 2013.

Date of Report: January 11, 2013
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Monday, February 25, 2013

On October 15, 2012, the Obama Administration took a major step toward reducing
greenhouse gas (GHG) emissions from motor vehicles when it promulgated GHG
emission standards for model year 2017-2025 light duty vehicles. Under the
standards, GHG emissions from new cars and light trucks will be reduced
about 50% by 2025 compared to 2010, and average fuel economy standards
will rise to nearly 50 miles per gallon. EPA had previously set GHG emission
standards for MY2012-2016 vehicles as well as for 2014-2018 model year
medium- and heavy-duty trucks.

These steps have been taken as the Congress (particularly the House) and the
Administration have reached an impasse over climate issues. The
Administration has made clear that its preference would be for Congress to
address the climate issue through new legislation. Nevertheless, in the wake
of a 2007 Supreme Court decision, it has moved forward on several fronts to
define how the Clean Air Act will be used and to promulgate regulations.

The key to using the CAA’s authority to control greenhouse gases was for the
EPA Administrator to find that GHG emissions are air pollutants that
endanger public health or welfare. EPA Administrator Jackson promulgated
such an endangerment finding in December 2009. With the endangerment
finding finalized, the agency has proceeded to regulate emissions from motor vehicles.

In all, EPA has received 12 petitions asking that it make endangerment findings
and proceed to regulate emissions of greenhouse gases. Ten of the 12
petitions addressed mobile sources: besides motor vehicles, the petitions
cover aircraft, ships, nonroad vehicles and engines, locomotives, and fuels,
all of which are covered by Title II of the CAA. This report discusses the full
range of EPA’s authority under Title II and provides information regarding
other mobile sources that might be regulated under this authority, in
addition to describing the car and truck regulations.

Regulation of GHGs from mobile sources has led the agency to establish controls
for stationary sources, such as electric power plants, as well.
Stationary source options, the authority for which comes from different
parts of the CAA, are addressed in CRS Report R41212, EPA Regulation of Greenhouse
Gases: Congressional Responses and Options.

Date of Report: February 14, 2013
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Friday, February 22, 2013

On
January 15, 2013, the Environmental Protection Agency (EPA) published a final
rule revising the National Ambient Air Quality Standard (NAAQS) for
particulate matter (PM). The revised air quality standards were completed
pursuant to the Clean Air Act (CAA) and, in part, in response to a court
order and consent agreement. Based on its review of scientific studies
available since the agency’s previous review in 2006, EPA determined that
evidence continued to show associations between particulates in ambient
air and numerous significant health problems, including aggravated asthma,
chronic bronchitis, non-fatal heart attacks, and premature death. Populations shown
to be most at risk include children, older adults, and those with heart and
lung disease, and those of lower socioeconomic status. EPA’s review of and
revisions to the PM NAAQS has generated considerable debate and oversight
in Congress.

The January 2013 revisions change the existing (2006) annual health-based (“primary”)
standard for “fine” particulate matter 2.5 micrometers or less in diameter
(or PM2.5), lowering the allowable
average concentration of PM2.5 in
the air from the current level of 15 micrograms per cubic meter (μg/m3) to a limit of 12 μg/m3.
The annual PM2.5 NAAQS is set so as to address human
health effects from chronic exposures to the pollutants. The existing “24-hour
primary standard” for PM2.5 that
was reduced from 65 μg/m3 to
35 μg/m3 in 2006 was retained, as was the existing
standard for larger, but still inhalable, “coarse” particles less than 10
micrometers in diameter, or PM10. “Secondary”
standards that provide protection against “welfare” (non-health) effects,
such as ecological effects and material deterioration, are identical to the
primary standards and the same as in 2006. The proposed rule published
June 29, 2012, solicited comments on two options for a 24-hour PM2.5 standard to improve visibility that were
not adopted in the final rule.

EPA revised the Regulatory Impact Analysis (RIA) accompanying its June 2012
proposed rule in part in response to comments received regarding the
agency’s cost and benefit estimates. In its December 2012 RIA, EPA
estimated that the potential “quantifiable” health benefits (2010 $) associated
with attaining the PM standard would range from $4.0 billion to $9.1 billion,
and costs (2010 $) would range from $53.0 million to $353.0 million. Some
stakeholders and some Members continue to express concerns that cost
impacts would be more significant than those estimated by EPA for those
areas out of compliance with the new standards.

EPA’s revisions to the PM NAAQS do not directly regulate emissions from
specific sources, or compel installation of any pollution control
equipment or measures, but indirectly could affect operations at
industrial facilities and other sources throughout the United States. Revising
PM NAAQS starts a process that includes a determination of areas in each
state that exceed the standard and must, therefore, reduce pollutant
concentrations to achieve it. Following determinations of these “nonattainment”
areas based on multiple years of monitoring data and other factors, state
and local governments must develop (or revise) State Implementation Plans (SIPs)
outlining measures to attain the standard. These often involve promulgation of
new regulations by states, and the issuance of revised air permits. The
process typically takes several years. Based on statutory scheduling
requirements, nonattainment designations for revised PM NAAQS would not be
determined until the end of 2014, and states would have until at least 2020 to
achieve compliance with the January 2013 revised PM2.5 NAAQS.

Date of Report: February 5, 2013
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